Applying Ethical Theories to the Amin Sthapit Murder Case: CSU

This report analyzes the Amin Sthapit murder case, applying four key ethical theories: utilitarianism, deontology, virtue ethics, and contract theory. The introduction establishes the context of the crime, where Roy Tabalbag killed his girlfriend's lover, and the report's objective to evaluate the accused's actions through different ethical frameworks. Utilitarianism is examined by considering the consequences and maximizing utility, with the defense potentially using this to justify the actions. Deontology is used to highlight the crime committed by the accused is unethical. The report then explores virtue theory, focusing on the character and habitual actions of the individuals involved. Finally, contract theory is applied to the case, emphasizing societal rules and the legal implications of the murder. The conclusion summarizes the different judgments of the actions and the importance of using the appropriate theories for a specific situation. The report references various academic sources to support its analysis.

SCHOOL OF COMPUTING AND MATHS, Charles Sturt University
Amin Sthapit murder trial: accused Roy Tabalbag 'provoked' into killing girlfriend Geecy Rebucas's
lover
Assignment 3: Applying Ethical Theory
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Word Count: -1250

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Introduction
In this case study there is an incident of killing. Killing took place because accused killed his
girlfriend Geecy Rebucas, who was found in intimate positions with chef her lover Amin
Sthapit. This report discusses different theories related to his actions. For analysing the
situations this report uses four different theories as Utilitarianism, Deontology, Virtue, and
Contract theories. These theories are different in terms of their judging motivations (Fried,
2015). These theories are used to implement the effective work program to matiain the
collaborative behaviour and judgment base to analysis the situation in determined approach.
Utilitarianism theory
Utilitarianism is an ethical theory which describes that any action which maximizes the utility
is the best one. In this context the word utility is defined as the well-being of sentient entities.
This theory was founded by “Jeremy Bentham”, he described utility as the combination of
pleasure which comes out in the form of results of an action (Arthur, 2018). This theory is
further defined as a new version of consequentialism which says that the consequences
associated with any action are only the standards set for defining wright or wrong.
Utilitarianism is like egoism, another form of consequentialism, considers the interest of
equality. In the given case study also, the action of both accuses can be defined as the action
taken for their utilities. In this case accused found hir girlfriend, Geecy Rebucas with her chef
lover Amin Sthapit, which makes him disappointed. It is observed that seeing the loved ones
cheating or doing something unethical would make other concerned persons feel
disappointed. Moreover, to get the pleasure from being so disappointed would result in an
instant action which could negatively impact on their lives (Habermas, 2018). Although,
killing someone is defined as crime but in defence’s prospective or consideration it may be an
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act of feeling the pleasure. In this activity, Roy Abanales Tabalbag was found guilty of
manslaughter not murder by the court but his defence argues that at the time of killing Mr.
Tabalbag has lost his control over himself due to disappointment and the action was a
reflection of what he saw on the spot. This motivation of utilitarianism is used by the defence
of Tabalbag which was morally permissible in practice of utilitarianism only (McMahon,
2017). This theory support the work program differently and reflects the positive work
program for the betterment of the society at large.
Deontology Theory
Deontological ethics or deontology is defined as a theory which is used to judge the morality
on an action on the basis of rules and regulations set for the specified action. Since rules bind
us to our duty, sometimes deontology is defined as the obligation or duty of ethics which is to
be followed while judging an action. A moral obligation, depending upon the type of system,
may arise from any of the external or internal sources like religious laws, set of rules for
universe, and personal or cultural values. In the case study, accused has killed his girlfriend’s
lover, which is a crime according to the laws. Theory may states killing, as the action of their
feeling or anything else but for deontological ethics these are crime. He has committed
murder and that is unethical according to the deontology theory. The defence of Tabalbag has
said that the killing by his client was an accidental result of losing his self-control because
whatever he saw was disappointing for him but this practice is not permissible in thetheory of
deontology (Shestack, 2017).
Virtue theory
Virtue stands for the inherent power of someone’s mind, thinking, or ethics. The theory of
virtue also emphasises the virtue of character or mind which make them different from the
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others. In other words this theory is concerned with character trait, like settled sentiment or
the habitual actions as a result of habits. This theory primarily considers the expressions of
the person acting in the scenario of the incident. The case study shows that the accused was
behaving in a good manner. Every person has his own Virtue which must be used in order to
deliver the best results towards the society. This makes the action to be judged by his virtue
of the intensions for the scenario he was facing at the time of committing murder. The case
shows that the accused was not happy with actions his girlfriend found in, doing. This made
him disappointed and habitually he found it unethical and reacted with his virtues (Winkler,
& Duminy, 2016). And as a result of his habitual thinking or action he committed murder.
Afterwards the action was defined using different theories but the theory of virtue states that
both the actions were habitual for both accuses. The theory of virtue is defined neither as
doing what is generous or honest nor to be helpful to specify morally valuables or desirable
but it defines that the actions are their own habitual or character traits. It is the quality intents
which keeps person unique and different from each other. It must be followed in effective
way to deliver the best results for the betterment of the society at large. This motivation of
practicing the theory of virtue was not possible in this case as the society, he is living in, has
the standard practice of contracts or rules and which found him guilty (Shestack, 2017).
Contract theory
The society we are living in has some rules and regulations, which are mandatory to be
followed by everyone, in order to live peacefully with the others. Disobeying these rules will
result in a negative consequence and these consequences are served as punishment for doing
the wrong things (Lidz, 2016). For example, killing, stealing etc. are illegal. Therefore,
contract theory uses these rules set for the society, to maintain the peace or harmony. This
theory states, that the people, living in the society, are together in accordance with the
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agreement which establishes the political and moral rules. If the people together do not make
proper collaboration with each other then it will negatively impact the work position and
negatively impact the business at large. It has been observed that each and every person
should be collaboratively live together to deliver the best results for the betterment of
organization. However, it is only obligated to behave morally if there are explicit rules. These
rules are equal for everyone and these must be followed by. In the case, discussed in the
report, accuses killed people, which is illegal in the society. Killing would be morally
permissible only if there were no explicit rules or contracts, because the motivation for the
morality would be dominating over there (Bostyn, Roets & Van Hiel (2016).
Conclusion
Judgement of any action may be practiced using different theories but these theories
are not applicable for all the scenarios. At some places, some specific theories are used for
practising the judgement of someone’s action based on their situation. Therefore,
implementation of all the theories at the same time is not practically possible for some
genuine consequences like their motivation for judgement are different from each other’s.
Now in the end, it could be inferred that judgment of the action depends upon the different
circumstance, theories and related factors, In this report, various theories and judgement
based on the different theories have been described which would assist researcher to evaluate
the best possible action and reaction under the situation of the person in the given case study.
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References
Fried, C. (2015). Contract as promise: A theory of contractual obligation. Oxford University
Press, USA.
Arthur, J. (2018). Words that bind: judicial review and the grounds of modern constitutional
theory. Routledge.
Habermas, J. (2018). Inclusion of the other: Studies in political theory. John Wiley & Sons.
McMahon, C. (2017). Authority and democracy: A general theory of government and
management. Princeton University Press.
Shestack, J. J. (2017). The philosophic foundations of human rights. In Human Rights (pp. 3-
36). Routledge.
Winkler, T., & Duminy, J. (2016). Planning to change the world? Questioning the normative
ethics of planning theories. Planning Theory, 15(2), 111-129.
Lidz, V., 2016. Talcott Parsons and the Transatlantic Voyages of Weberian and Durkheimian
Theories. Transatlantic Voyages. The Migration and Development of Ideas, pp.39-51.
Shestack, J. J. (2017). The philosophic foundations of human rights. In Human Rights (pp. 3-
36). Routledge.
Bostyn, D. H., Roets, A., & Van Hiel, A. (2016). Right-wing attitudes and moral cognition:
Are Right-Wing Authoritarianism and Social Dominance Orientation related to
utilitarian judgment?. Personality and Individual Differences, 96, 164-171.
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